WSR 02-13-020

RULES OF COURT

STATE SUPREME COURT


[ June 6, 2002 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO RALJ 7.2 )

)

ORDER

NO. 25700-A-741


The Superior Court Judges' Association having recommended the adoption of the proposed amendment to RALJ 7.2, and the Court having approved the proposed amendment for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(f), the proposed amendment as attached hereto is to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites expeditiously.

(b) The purpose statement as required by GR 9(d), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than 90 days from the published date. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Lisa.Bausch@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 6th day of June 2002.

Gerry L. Alexander

Chief Justice


GR 9 COVER SHEET

RALJ 7.2

TIME FOR FILING BRIEFS


Suggested New Section



(A) Name of Proponent: Superior Court Judges' Association

(B) Spokesperson: Judge Salvatore "Sam" Cozza, Chair, SCJA Criminal Law and Rules Committee

(C) Purpose: The present rule, which was adopted in 1987, states that the appellant's brief shall be served and filed within 45 days after the filing of the notice of appeal. The respondent's brief is due 30 days thereafter.

This time frame is not realistic and invites continuances under RALJ 10.3. Trial transcripts are often late in being prepared, and copies of the tapes of the trial are often received late, as well. Appellate issues are becoming more complex, requiring longer periods of time for briefing.

Further, many larger courts preassign RALJ appeals, as they do other cases. This suggested rule change would allow courts to develop a briefing schedule for a case that is appropriate and realistic, as courts do in other types of cases.

(D) Hearing: None recommended.

(E) Expedited Consideration: This suggested rule change would make the procedure for the determination of appellate cases in the superior court more efficient for both the court and the parties. It is requested that the Supreme Court consider this rule change at this time.


Suggested Rule Change


RALJ 7.2 TIME FOR FILING BRIEFS



(a) - (c) [No change.]

(d) Briefing Schedule. If an appeal is preassigned to a judicial department, the court may issue a briefing schedule that allows for complete presentation of all significant issues, and is consistent with the Advisory Case Processing Time Standards endorsed by the Board for Judicial Administration.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office